Supreme Court of India · 1951-03-05
V. RAMASWAMI AYYANGAR AND OTHERS vs T.N.V. KAILASA THEVAR.
- Citation / case number
- SC 1950/10
- Court
- Supreme Court of India
- Petitioner
- V. RAMASWAMI AYYANGAR AND OTHERS
- Respondent
- T.N.V. KAILASA THEVAR.
- Bench
- SASTRI, M. PATANJALI
Judgment text excerpt
The Supreme Court ruled that under the Madras Agriculturists’ Relief Act, 1938, a mortgage decree can be scaled down for some debtors while remaining intact for others. In this case, the decree against defendant No. 1 was upheld as he was not entitled to the benefit of scaling down granted to defendants Nos. 2 to 7, as the debt was indivisible. The Court reversed the Madras High Court's decision, affirming that the scaling down did not extinguish the decree against all joint debtors.